Strict compliance with s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the sentencing judge to personally ask the offender about Form 1 offences; compliance through counsel alone may be insufficient, particularly where there is an error on the Form 1 document and the offender does not speak English as a first language. The decision in Kabir v R concerning the Commonwealth equivalent (s 16BA of the Crimes Act 1914 (Cth)) does not govern the NSW provision. An indicative sentence of 5 years 3 months (before discount) for supply of 22.47g of heroin, being at the lower end of the indictable quantity range, was manifestly excessive.
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